2017 ORS 163A.215¹
Release of sex offender information according to classification

(1)(a) A notifying agency or a supervising agency shall release, upon request, any information that may be necessary to protect the public concerning sex offenders who reside in a specific area or concerning a specific sex offender.

(b) A notifying agency or a supervising agency may release sex offender information to a law enforcement agency if the notifying agency or supervising agency determines that the release of information is in the public interest.

(c) In addition to the release of information described in this subsection and ORS 137.540 (Conditions of probation), 144.260 (Notice of prospective release on parole or post-prison supervision of inmate) and 441.373 (Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime), a notifying agency or a supervising agency may release sex offender information to the public in accordance with subsections (2) to (4) of this section.

(2) If the sex offender is classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3):

(a) The Department of State Police shall release sex offender information on a website maintained by the department; and

(b) The supervising agency or a notifying agency may release sex offender information to:

(A) A person that resides with the sex offender;

(B) A person with whom the sex offender has a significant relationship;

(C) Residential neighbors and churches, community parks, schools and child care centers, convenience stores, businesses and other places that children or other potential victims may frequent;

(D) A long term care facility, as defined in ORS 442.015 (Definitions), or a residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), if the agency knows that the sex offender is seeking admission to the facility; and

(E) Local or regional media sources.

(3) Notwithstanding subsection (2)(a) of this section, the Department of State Police may not use the Internet to make available to the public information concerning a sex offender classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3) while the person is under the supervision of the Psychiatric Security Review Board, unless the department is authorized to do so by a request of the supervising agency.

(4) If the sex offender is classified as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), the supervising agency or a notifying agency may release sex offender information to the persons or entities described in subsection (2)(b)(A) to (D) of this section.

(5) If the sex offender is classified as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), the supervising agency or a notifying agency may release sex offender information to a person described in subsection (2)(b)(A) of this section.

(6) As used in this section:

(a) “Notifying agency” means the Department of State Police, a city police department, a county sheriff’s office or a police department established by a university under ORS 352.121 (University police departments and officers).

(b) “Sex offender information” means information that the Department of State Police determines by rule is appropriate for release to the public.

(c) “Supervising agency” means a governmental entity responsible for supervising a person required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction). [Formerly 181.835; 2017 c.442 §33]

Note: The amendments to 163A.215 (Release of sex offender information according to classification) by section 33, chapter 442, Oregon Laws 2017, become operative July 1, 2018. See section 36, chapter 442, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.

163A.215 (Release of sex offender information according to classification). (1)(a) A notifying agency or a supervising agency shall release, upon request, any information that may be necessary to protect the public concerning sex offenders who reside in a specific area or concerning a specific sex offender.

(b) A notifying agency or a supervising agency may release sex offender information to a law enforcement agency if the notifying agency or supervising agency determines that the release of information is in the public interest.

(c) In addition to the release of information described in this subsection and ORS 137.540 (Conditions of probation), 144.260 (Notice of prospective release on parole or post-prison supervision of inmate) and 441.373 (Admission to or removal from long term care facility, residential care facility or adult foster home of person convicted of sex crime), a notifying agency or a supervising agency may release sex offender information to the public in accordance with subsections (2) to (4) of this section.

(2) If the sex offender is classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3):

(a) The Department of State Police shall release sex offender information on a website maintained by the department; and

(b) The supervising agency or a notifying agency may release sex offender information to:

(A) A person that resides with the sex offender;

(B) A person with whom the sex offender has a significant relationship;

(C) Residential neighbors and churches, community parks, schools and child care centers, convenience stores, businesses and other places that children or other potential victims may frequent;

(D) A long term care facility, as defined in ORS 442.015 (Definitions), or a residential care facility, as defined in ORS 443.400 (Definitions for ORS 443.400 to 443.455), if the agency knows that the sex offender is seeking admission to the facility; and

(E) Local or regional media sources.

(3) Notwithstanding subsection (2)(a) of this section, the Department of State Police may not use the Internet to make available to the public information concerning a sex offender classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3) while the person is under the supervision of the Psychiatric Security Review Board or the Oregon Health Authority, unless the department is authorized to do so by a request of the supervising agency.

(4) If the sex offender is classified as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), the supervising agency or a notifying agency may release sex offender information to the persons or entities described in subsection (2)(b)(A) to (D) of this section.

(5) If the sex offender is classified as a level one sex offender under ORS 163A.100 (Risk assessment methodology) (1), the supervising agency or a notifying agency may release sex offender information to a person described in subsection (2)(b)(A) of this section.

(6) As used in this section:

(a) “Notifying agency” means the Department of State Police, a city police department, a county sheriff’s office or a police department established by a university under ORS 352.121 (University police departments and officers).

(b) “Sex offender information” means information that the Department of State Police determines by rule is appropriate for release to the public.

(c) “Supervising agency” means a governmental entity responsible for supervising a person required to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction).

Note: See notes under 163A.115 (When certain classification required).

(formerly 181.835)

Notes of Decisions

Under Former Similar Statute (Ors 181.587)

Giving notice of predatory sex offender to community does not impose sufficient af­firm­a­tive disability to render statute punitive in nature, therefore constitu­tional protec­tions against ex post facto laws, double jeopardy and cruel and unusual punish­ment do not apply. Meadows v. Board of Parole and Post-Prison Supervision, 181 Or App 565, 47 P3d 506 (2002), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 163A—Sex Offender Reporting and Classification, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 163A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.